Dismissed¶30

State of Odisha v. Minarani Mohanty

Orissa HC25 Nov 2024WA/247/2024

Case brief

AI extract

What is this about?

Odisha High Court writ appeal dismissed; State of Odisha v. Minarani Mohanty; W.A. No.247 of 2024, decided 25.11.2024; GPF account; Old GPF and Pension Rules, 1992; 1997 appointee; follows unchallenged Division Bench ruling in State of Odisha v. Sailasuta Dei (22.11.2017, W.P.(C) No.9015 of 2014 and W.P.(C) No.5320 of 2014); impugned Single Judge order dated 14.07.2023 in W.P.(C) No.14788 of 2023 upheld.

What did the court decide?

None to the appellants; the Writ Appeal is dismissed and the learned Single Judge's order dated 14.07.2023 in W.P.(C) No.14788 of 2023 stands. ¶30

State of Odisha Vs Minarani Mohanty — Orissa HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.A. No.247 of 2024

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1. State of Odisha, represented through …. Petitioners the Commissioner-cum-Secretary to Mr.Bimbisar Govt. School and Mass Education Dash, AGA Department.

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2. Director, Elementary Education, Odisha

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3. District Education Officer, Jagatsinghpur.

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4. Block Education Officer, Kujanga

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5. Controller of Accounts, Odisha

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-versus-

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Minarani Mohanty

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…. Opposite Party

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Mr.Prasanna Kumar Nayak-1, Advocate

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CORAM:

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HON’BLE THE CHIEF JUSTICE HON’BLE MISS JUSTICE SAVITRI RATHO

ORDER

Order No.

05.

25.11.2024

This matter is taken up through Hybrid mode.

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The State of Odisha in the present Writ Appeal has put to challenge an order dated 14.07.2023, passed by the learned Single Judge of this Court in W.P.(C) No.14788 of 2023 whereby learned Single Judge has disposed of the said Writ Petition in the light of a Division Bench decision of this Court rendered on 22.11.2017 in

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W.P.(C) No.9015 of 2014 and W.P.(C) No.5320 of 2014 (in case

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of State of Odisha & Others-versus-Sailasuta Dei & Others ).

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Page 1 of 3

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Following was the relief sought for by the Respondent-Minarani Mohanty in the Writ Petition:-

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“It is therefore humbly prayed that your Lordships may graciously be pleased to issue notice to ~ b the Opp.Parties calling upon them to show cause as to why the order under Annexure-l(series), of the Opp.Party No-1&5 ,will not be quashed and why the Petitioner’s case will not be considered for the Admission in to the opening of the GPF Account on the basis of Old GPF and Pension Rules,1992, as per ratio decided by this Hon”ble Court in the Judgment dt.22.11.2017,passed in W.P.( C) No-9015/2014 and 5320/2014.If the Opp.Parties do not show any cause or show insufficient cause then your Lordships’ may make the rule absolute by directing the Opp.Parties, specifically Opp.Party No-1&5,by quashing the orders under Annexure1(series),and appropriate order may kindly be passed for the Admission of the Petitioner in to the opening of the GPF Account on the basis of Old GPF and Pension Rules,1992,by considering the petitioner as the appointee of 1997, basing on the ratio decided by this Hon’ble Court in the Judgment dt.22.11.2017,passed in W.P.(C) No-9015/2014 and 5320/2014,within a particular time as fixed by your Lordships, due to above said facts and circumstances, for the protection of law and also for the protection of natural justice.

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And/Or

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Any other order/orders, direction/directions as your Lordships may deem fit to be proper, can pass to save the petitioner from such harassments and also in the interest of justice”

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We have perused this Court’s order dated 22.11.2017 passed in the case of Sailasuta Dei (supra) which has been brought on record by way of an annexure to the counter affidavit filed by the Respondent. As the said order of the Division Bench in case of

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Page 2 of 3

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State of Odisha & Others-versus-Sailasuta Dei & Others was never put to challenge, the learned Single Judge, in our considered opinion has rightly passed the impugned order following the said decision of the Division Bench.

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